Archived decisions

Hampshire County Council

Regulatory Committee

25 July 2007

Applicant: Veolia ES Hampshire Limited

Non-compliance with Condition 3 of Planning Permission No. 06/88024 for a revised working and phasing scheme at Blue Haze Landfill, Verwood Road, Ringwood
(Application No. 07/90183) (County Council Ref: NF105)

Report of the Chief Planning Adviser to the Regulatory Committee

Item 14

Contact: Julia Davey, ext 6732 email: [email protected]

1. Summary

1.1 Planning permission is sought for non-compliance with Condition 3 of Planning Permission No. 06/88024 for a revised working and phasing scheme at Blue Haze Landfill, Verwood Road, Ringwood (Application No. 07/90183). This application is being submitted in parallel with the application for the formation of a bottom ash conditioning and processing area which would be located in the part filled Phase D (Cell 4) of the landfill and is an application also being determined by today's Regulatory Committee. This application seeks permission to amend the phasing of the landfill and restoration operations to allow the bottom ash conditioning and processing operation to be undertaken for a period of five years with Phase D of the landfill site.

2. Recommendation

    That, subject to permission for the bottom ash conditioning and processing area being granted (Application No. 07/90181), permission for non-compliance with Condition 3 of Planning Permission No. 06/88024 for a revised working and phasing scheme at Blue Haze Landfill, Verwood Road, Ringwood (Application No. 07/90183) be granted subject to conditions attached in Appendix 1.

    Reason for Approval

    It is considered that the proposal would be in accordance with the development plan (summary attached in Appendix 2) and would not materially harm the character of the area or the amenity of local residents and would be acceptable in terms of highway safety and convenience.

3. Site and Proposal

3.1 The site, as shown on the attached plan, extends across an area of approximately 31 hectares comprising the Blue Haze/Chatsworth landfill site. The whole of the landfill site is located within Ringwood Forest Site of Importance for Nature Conservation (SINC) and is accessed via a long concrete haul road from the B3081 Ringwood to Verwood Road approximately 3.5 kilometres north of the junction with the A31.

3.2 The nearest dwellings to Phase D of the site are Belt Cottage and Blue Haze Kennels located approximately 100 metres to the east, and Ebblake House approximately 600 metres to the west.

3.3 The applicant states that at current waste inputs it is anticipated that the site will be complete within the timescale permitted by the main landfill permission by spring 2020.

3.4 The initial phases where operations have taken place on the site are phases A-D as shown on the attached plan. The progress of these phases are as follows:

      (i) Phase A - tipping operations commenced in March 2003; top of waste levels achieved and cell temporarily capped in 2004.

      (ii) Phase B - tipping commenced in March 2003; top of waste levels were achieved and the cell temporarily capped in mid-2004.

      (iii) Phase C - tipping commenced in May 2004; top of waste levels achieved and cell temporarily capped in 2006. Soil materials stripped from Phase C are stockpiled on Phase A.

      (iv) Phase D is the current operational cell. Tipping commenced in June 2006. This is the area for the proposed incinerator bottom ash (IBA) conditioning and processing area.

      (v) Phase E - currently under construction. Tipping in Phase D would continue until Phase E is ready for receipt of waste in autumn 2007. The acoustic bund separating the Blue Haze Kennels and Belt Cottage from the site has been in place since the site was implemented and will remain in place in accordance with the permission.

3.5 As a result of the proposal to locate the Incinerator Bottom Ash (IBA) processing plant on Phase D this phase of the landfill would remain only partly filled for a further five years. The infilling of Phase D would recommence in 2013 and take a further two years to complete, ie by 2015.

3.6 The applicant concludes that the main changes to the operations would be the deferred infilling of Phase D and the earlier commencement of infilling Phases E-J. These changes would also result in the delayed completion of final restoration of Phases A-D, which under the current permission would have been restored by 2008. To mitigate the impact of this delay, the outer slopes of Phases A-C would be soiled and seeded to reduce the visual impact of the unvegetated slopes prior to tree planting. The applicant considers that the overall impacts of these changes would be largely neutral in that although infilling of Phase D would be delayed other phases would be brought forward. The overall rate of infilling would remain the same as is currently occurring and the end date for completion of the site would remain unaffected.

4. Development Plan

4.1 Hampshire County Structure Plan Policy MW2 (need for waste facilities balanced against environmental impact) applies.

4.2 Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan Policy 38 (Preferred Area 10 Blue Haze) applies.

4.3 Hampshire Minerals and Waste Core Strategy: Policies DC8 (Pollution, etc), DC12 (Restoration, etc) and DC13 (Waste Management, etc) apply.

5. Consultations

5.1 The local Member, Councillor Mrs Heron, has been informed of the proposals.

5.2 Ellingham Harbridge and Ibsley Parish Council raises no objection to the proposal.

5.3 Verwood Town Council raises objections to the application. It is concerned about noise and dust, and needs assurance that this will be monitored. Concern at lorry routeing going through Verwood. Concern at capacity of B3081 to take extra traffic as it thinks this is a busy and dangerous road. Concern at lack of clarity of end dates, when the process will cease.

5.4 Dorset County Council raises objection on the following grounds:

      (i) It is uncertain whether the proposed development will cease after the proposed timescales.

      (ii) Information relating to expected increases in vehicle movements is unclear.

      (iii) Considers that a full Traffic Impact Assessment is required due to potentially significant increase of traffic movements along B3081, potential impacts on Bakers Hanging Junction, increased traffic movements on the B3081 since the landfill was permitted and the poor accident record along the B3081.

5.5 The Environment Agency has no comment to make on the application.

5.6 New Forest District Council has been informed of the proposal.

5.7 The Environmental Health Officer has been informed of the proposal.

5.8 The Highways Authority states the proposed changes to the Working Scheme have no traffic or highway implications. The Highways Authority therefore has no objections to this application.

6. Representations

6.1 No representations have been received to the proposal.

7. Chief Planning Adviser's Comments

7.1 The need for the revision to the approved phasing is dependent on whether planning permission is granted for the IBA facility being considered by Members today (Application No. 07/90181). The main issues raised by the proposal apart from need for it, previously mentioned, are whether there would be any amenity impacts caused to local residents by the delay in restoration of theses phases A-D and whether there would be any impact caused by the delay in restoration itself.

7.2 The amenity impacts arise from the proximity of the north-east corner of Phase D to the Belt Cottage and Blue Haze Kennels. During the five years the IBA plant would be operational, topsoil and other subsoil stockpiles would be located along the eastern edge of Phase A and then in later stages along the western edge of Phase A. Currently the residential properties to the east are protected by a bund that terminates at the northern edge of Phase A. This bund will remain throughout the implementation of the development. The Environmental Health Officer has not yet responded to the proposal. However, if permission is granted all the conditions currently controlling the landfill operations will be brought forward and attached to this permission. These conditions include a noise condition and measures to control odour and dust.

7.3 It is considered that the visual and landscape character impact of phases A-D being restored later is negligible, as areas to be restored later will be temporarily grassed before final restoration takes place and also restoration on other phases would be continuing.

7.4 The comments about traffic are not material to this application as it does not generate any changes to the existing transport situation.

7.4 It is considered that should permission be granted for the IBA plant currently being considered under another application, then permission should be granted for the revision to the phasing of the landfill.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1.

Published works.

2.

Documents which disclose exempt or confidential information as defined in the Act.

TITLE

LOCATION

Non-compliance with Condition 3 of Planning Permission No. 06/88024 for a revised working and phasing scheme at Blue Haze Landfill, Verwood Road, Ringwood
(Application No. 07/90183)

(County Council Ref: NF105)

Environment Department

Room 130

1421/JD

APPENDIX 1

Conditions

      Timescale

      (1) The working and phasing of the site shall be implemented in accordance with phasing plans C4-3a to C4-3n (revised June 2007) subject to the requirements of Condition 2.

        Reason : In the interest of local amenities.

      (2) The developer shall notify the Waste Planning Authority in writing within one month of the dates of commencement/ completion of the following:

        (i) entering new phase of tipping;

        (ii) completion of each tipping phase;

        (iii) completion of restoration of each tipping phase;

        (iv) completion of the landscaping/planting scheme; and

        (v) completion of final restoration.

          Reason: To enable the Waste Planning Authority to control the development and to monitor the site to ensure compliance with the planning permission.

      (3) This permission shall be limited as approved under Permission No. 0006040M (or as subsequently amended) to no later than 22 March 2020, by which time extraction and tipping operations shall have ceased and the site restored in accordance with the scheme approved under Condition (33) below and shall be subject to aftercare for a period of five years unless otherwise stated by the Waste Planning Authority in writing.

          Reason: To provide for the completion and progressive restoration of the site within the approved timescale and in the interest of local amenity.

      Working Programme

      (4) Operations at the site shall be carried out in accordance with the Working Scheme shown on approved plans C4-3a to C4-3n (revised June 2007) and as defined in the approved Supporting Statement (May 2007) including the Table 1 Sequence of Working Summary.

          Reason: To control the development and minimise impacts on the amenities of the local area.

      Restriction of Permitted Development Rights

      (5) Notwithstanding the provisions of Parts 4, 21, 24 and 25 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order):

              (i) fixed plant or machinery, buildings, structures and erections or private ways shall not be erected, extended, installed or replaced at the site without the prior agreement of the Waste Planning Authority in writing;

              (ii) no additional lights or fences shall be installed or erected at the quarry/landfill unless details of them have first been submitted to and approved in writing by the Waste Planning Authority.

          Reason: There is a need here, in view of its location close to Blue Haze Kennels and residential properties and the final level difference between existing and proposed levels, to secure control over additional plant and machinery in the interests of the amenity of the area and bearing in mind the degree of discretion otherwise allowed by the General Permitted Development Order.

      Hours of Working

      (6) No heavy goods vehicle shall enter or leave the site and no plant and machinery shall be operated except between the hours of 0700 to 1800 Monday to Friday (except on recognised public holidays, apart from 25 and 26 December, when the hours are restricted to between 0800 and 1630 for the receipt of domestic and household waste recycling centre waste), 0700 and 1630 on Saturday and 0800 to 1630 on Sunday (for the receipt of domestic and household waste recycling centre waste).

        Reason: In the interest of local amenity.

      Tipping Limits and Finished Levels

      (7) The perimeter boundary of the tipping area and the boundary of the inert tipping phases with Category C waste phases shall be clearly defined on site and no waste shall be deposited outside those areas approved for that purpose. A survey of levels shall be carried out (and submitted to the Waste Planning Authority for its approval) at intervals of not less than every 12 months, starting with the date on which tipping operations commence.

          Reason: To ensure the proper restoration of the site in accordance with the submitted plans.

      (8) The restoration of the site to commercial forestry, heathland edges and a wildlife corridor shall be implemented in accordance with the final landform and scheme of pre and post settlement levels approved 9 May 2006. The scheme includes a 100 metre minimum stand-off tipping zone from Blue Haze kennels and adjacent cottages.

          Reason: To ensure proper restoration of the site.

      (9) As the operation approaches final fill levels and in any case before the final grading of cover and before the spreading of subsoil, the surface levels shall be checked by competent land surveyors. Thereupon markers shall be erected to indicate the approved final fill levels, approved restored surface level and any appropriate approved intermediate levels.

        Reason: To ensure proper restoration of the site.

      Landfill Gas and Leachate Control

      (10) The location and details of the landfill gas and leachate control facilities shall be in accordance with the details approved 16 November 2005 and Drawings 331/GAS/0500, BGM-4999 and BGH-5055.

        Reason: In the interest of local amenity.

      Type of Waste

      (11) No waste shall be deposited at or imported into the site except those materials defined in the application, ie inert construction spoil, builders, demolition, commercial, industrial and household waste.

          Reason: Waste materials outside these categories raise environmental and amenity issues which would require fresh consideration.

      Highways

      (12) The access road, parking, manoeuvring provision for vehicles and the site access visibility splays, approved under permission 0006045M, shall be maintained free of potholes and obstructions throughout the implementation of the development.

        Reason: In the interest of highway safety.

      (13) All access to and egress from the site shall be via the approved access off the B3081, no other access shall be used. The approved road signs and markings shall be maintained.

        Reason: In the interest of highway safety.

      (14) The approved sign at the site exit advising drivers of the agreed vehicle routes shall be maintained throughout the life of the site.

        Reason: In the interest of highway safety and local amenity.

      (15) Best practical means/steps shall be taken to ensure that all lorries and plant vehicles associated with the development leaving the site are in such a condition as not to emit dust or deposit mud, slurry or other debris on the highway. In particular efficient means shall be installed and maintained for cleaning the wheels of all lorries leaving the site.

          Reason: In the interest of highway safety and to prevent mud and dust getting onto the highway.

      Dust

      (16) The dust management scheme, approved 15 June 2000 under Planning Permission No. 00060405M , shall be implemented for the duration of the permission.

        Reason: To protect public health and residential amenity.

      Bird Control

      (17) The bird management scheme, approved 15 June 2000 under Planning Permission No. 00060405M, shall be implemented throughout the duration of tipping operations, and updated as required following approval in writing by the Waste Planning Authority.

          Reason: To protect public health and residential amenity and to help prevent bird hazard within the aircraft approach to Bournemouth Airport.

      Perimeter Bunds

      (18) All storage bunds above ground level intended to remain in situ for more than six months shall be grassed over/vegetated, and subsequently maintained, including weed control.

          Reason: To reduce the impact of the development on the locality.

      Noise

      (19) All screen bunds shall be such that the outward facing slopes shall not exceed a gradient of 1 in 3 and the tops of the mound shall be undulating. Mounds shall be seeded to grass or a grass/shrub mixture and thereafter maintained throughout the operational life of this permission.

          Reason: To reduce the impact of the development on the locality and avoid an `engineered appearance of the buns that would be out of keeping with the rural locality.

      (20) Noise from operations on the site (unless otherwise agreed in writing by the Waste Planning Authority in relation to noise caused by initial site preparation works/temporary development) including both fixed plant and mobile machinery shall not exceed 55dB(A) LAeq, 1 hour (freefield) as measured at the façade of the nearest houses and the operators shall take such measures, including insulation of plant and machinery and the provision of acoustic screening as may be necessary to ensure that this noise level is not exceeded.

        Reason: To safeguard the amenity of the area.

      (21) All plant and machinery shall operate only in the permitted hours, except in emergency situations, and shall be silenced at all times in accordance with the manufacturers' recommendations, unless otherwise agreed in writing by the Waste Planning Authority.

        Reason: To safeguard the amenity of the area.

      (22) Noise monitoring shall be carried out in accordance with the scheme approved on 16 November 2005 under Planning Permission No. 00060405M.

        Reason: To safeguard the amenity of the area.

      Protection of Water Environment

      (23) Drainage and surface water run-off of the site, including that of adjacent areas dependent on the area for their own drainage, shall be carried out in accordance with the scheme approved in writing by the Waste Planning Authority on 29 December 2006 and shall be implemented as approved for the duration of the permission.

          Reason: To ensure adequate drainage of the site , the protection of the hydrology of the watercourse and prevent landscape damage arising from consequential engineering works.

      Landscape

      (24) Landscaping of the site shall be implemented in accordance with the scheme approved in writing by the Waste Planning Authority on 29 December 2006.

          Reason: The provision and maintenance of a satisfactory degree of landscaping is considered essential in the interest of visual amenity.

      (25) The approved scheme of landscaping/restoration of areas, other than commercial pine plantation afforested on non-inert waste, shall be carried out in the planting season coinciding with or immediately following preparation of each phase for planting, in accordance with the programme of implementation approved in (24) above, and shall be so maintained thereafter. Within five years of planting, any trees, shrubs or other plants that die, become diseased, are removed or damaged, shall be replaced in the first available planting season with others of a similar size and species in accordance with the details of the approved scheme unless the Waste Planning Authority gives written approval to any variation. Commercial pine trees on the areas tipped with non-inert waste shall be planted in or by the second planting season following restoration to allow for settlement of land and gas plant/pipe installation. Early screen planting of commercial pine on inert waste shall be covered by Condition (26) below.

          Reason: The provision and maintenance of a satisfactory degree of landscaping is considered essential in the interest of visual amenity.

      (26) A scheme and timescale for screen planting and its implementation shall be submitted to the Waste Planning Authority within three months of the date of this certificate for approval in writing. The scheme shall be implemented as approved.

        Reason: In the interest of local amenity.

      (27) Fencing erected to protect existing trees and features of interest on the site, such as the edges of parts of the wildlife corridor, shall be carried out and maintained in accordance with the details approved 15 June 2000 under Planning Permission No. 00060405M.

        Reason In the interest of local amenity.

      (28) The existing trees/bushes/hedges to be retained within the site shall be protected for the duration of the development and shall not be damaged, destroyed, uprooted, felled, lopped or topped during that period without the previous written approval of the Waste Planning Authority. Any such trees removed without permission or dying or being seriously damaged or diseased during that period shall be replaced in the following planting season with trees of such size and species as may be approved with the Waste Planning Authority.

        Reason: In order to safeguard the visual amenity of the area.

      Soil Stripping and Storage

      (29) All topsoil, subsoil and overburdens stripped prior to tipping shall be stored separately and retained on site for use in site restoration. No indigenous topsoil or subsoil shall be used for daily cover during tipping operations.

          Reason: All soils are required on site to ensure a satisfactory restoration of the land.

      (30) All work of soil stripping, stockpiling and reinstatement should only be carried out when the material is in a dry and friable condition, and then only along clearly defined routes, both when being moved to storage locations and to final surface position. Topsoil and subsoil shall be transported, and not bladed from a stockpile to position of placement or vice versa.

          Reason: To minimise structural damage and compaction of the soil and to aid the final restoration of the site.

      (31) Bunds for the storage of soils and soil-like material (ie sands) to be used for restoration to forestry shall conform to the following criteria:

              (i) topsoils, subsoils and subsoil substitutes shall be stored separately and this shall be clearly shown on the working plan to be approved under Condition (4);

              (ii) where continuous bunds are used dissimilar soils shall be separated by a third material, previously approved in writing by the Waste Planning Authority;

              (iii) topsoil bunds shall not exceed three metres in height and subsoil (or subsoil substitutes) shall not exceed five metres in height and overburden shall not exceed five metres in height (except where stored below the quarry base, the height of which is to be agreed in writing by the Waste Planning Authority before storage takes place); and

              (iv) materials shall be stored like upon like, so that topsoil shall be stripped from beneath subsoil bunds and subsoil from beneath overburden bunds.

          Reason: To ensure the retention of the existing soils on the site for restoration purposes and minimise the impact of the development on the locality.

      (32) Inspection on a regular basis or as otherwise required by the Waste Planning Authority shall be undertaken by the site operator to determine if the site is being used for the harbouring or breeding of vermin or insects. Action shall be taken to eradicate vermin or insects if they are found on the site. A written record of inspections shall be kept.

        Reason: In the interest of local amenity.

      Restoration

      (33) The site shall be progressively restored to forestry, nature conservation and amenity (public access) uses in accordance with the scheme approved by the Waste Planning Authority in writing on 29 December 2006 and as revised with regards working, phasing and restoration timetable by Condition (4) above. This includes the outer slopes of Phases A-C being temporarily soiled and seeded to reduce the visual impact of the unvegetated slopes prior to final restoration of tree planting taking place.

          Reason: To ensure that the site is restored in an orderly manner to a condition capable of beneficial after use and in the interests of amenity of local residents.

      (34) Except where otherwise approved in writing by the Waste Planning Authority, the progressive restoration scheme shall be implemented upon cessation of waste disposal operations in each phase of the development and each area shall be restored to the after use specified. Likewise all areas of hardstanding, not marked on the scheme of working, to be retained post completion of restoration, including site compounds, access and haul roads shall also be restored to the specified after use.

          Reason: To ensure that the site is restored in an orderly manner to a condition capable of beneficial after use and in the interests of the amenity of local residents.

      (35) Unless otherwise agreed in writing by the Waste Planning Authority by way of Condition (33) above, on those parts of the site where inert waste only has been tipped, the uppermost two metres of tipped waste materials shall be free from any large solid objects and shall both be graded in accordance with the final tipping levels hereby approved, and shall be ripped using appropriate machinery to a minimum depth of 600 millimetres; and on those parts of the site where non-inert waste has been tipped, the tipped waste shall be capped in accordance with the Waste Management Licence prior to the area being restored to approved plans and details.

        Reason: To ensure that the site is satisfactorily restored.

      (36) The site entrance and all internal haul roads shall be maintained in a condition free from potholes while in use and shall be removed except where required for commercial forestry activities, access and maintenance (eg power generation) post closure, but only as agreed on approved working scheme when no longer required or during the course of site restoration, whichever is the sooner. Sections of haul road formed to a level higher than one metre below the final restoration level shall be removed before final soils are respread. All sections of haul road shall be ripped before being covered with soils during restoration.

        Reason: To ensure that the site is satisfactorily restored.

      (37) In the event the Waste Planning Authority advises the operator that non-inert tipping is unacceptable in any cell, an alternative scheme for restoring it (remedial measures) shall be submitted within three months to the Waste Planning Authority and implemented within 12 months as approved.

          Reason: To enable the Waste Planning Authority to adequately control the development and ensure that the land is restored to a condition capable of beneficial use.

      (38) In the event of a cessation of delivery of waste to the site, prior to the completion of the approved restoration scheme, which the Waste Planning Authority considers permanent cessation, a restoration scheme, to include details of aftercare, shall be submitted in writing for approval to the Waste Planning Authority within six months of the cessation of importations. The approved scheme shall be implemented within three months of the written approval unless otherwise approved in writing by the Waste Planning Authority.

          Reason: To enable the Waste Planning Authority to adequately control the development and ensure that the land is restored to a condition capable of beneficial use.

      (39) Aftercare of each restored area of land shall take place for a period of five years (unless otherwise specified in this certificate or by way of legal agreement forming part of this consent) and in accordance with the approved outline and detailed schemes, beginning when restoration is completed in accordance with Condition (33) above.

        Reason: To ensure that the site is satisfactorily restored.

      (40) An aftercare scheme, requiring that such steps as may be necessary to bring each phase of the land restored under Condition (33) above to the required standard for use for forestry, nature conservation and amenity shall be submitted for the approval of the Waste Planning Authority not later than within three months of the date of this certificate.

        Reason: To ensure the restored land is correctly husbanded.

      (41) The submitted aftercare scheme shall specify in outline the programme of aftercare, including future felling regime. The programme shall include provision for an annual site meeting to discuss the detailed steps necessary on the restored land.

        Reason: To ensure the restored land is correctly husbanded.

      Nature Conservation

      (42) No tree felling shall take place during the bird nesting season 1 March to 1 September.

        Reason: To protect nesting birds.

      (43) No site clearance or soil stripping will be undertaken until it has been confirmed that all protected species as required by Natural England have been translocated with, if necessary, elements of their support habitat.

        Reason: To protect rare species.

      (44) The management for the reptile and amphibian receptor site for translocated species shall be implemented in accordance with the scheme approved in writing by the Waste Planning Authority on 29 December 2006. The monitoring of this scheme shall be undertaken by the developers to the satisfaction of the Waste Planning Authority.

        Reason: To conserve protected species.

      (45) The scheme for the protection of Sand Martins, approved 15 June 2000, shall be implemented for the duration of the permission.

          Reason: To ensure facilities for nesting of Sand Martins are suitably retained within the quarry area throughout the implementation of the development.

      Miscellaneous

      (46) There shall be no obstruction created to Bridleway No. 39 at any time and it should be ensured that the surface is not adversely affected by run-off from the landfill site or adjacent bunds.

        Reason: In the interest of local amenity.

      (47) From the commencement of the development to the cessation of the use hereby permitted a copy of the terms of this planning permission including all documents hereby permitted and any documents subsequently approved in accordance with this permission (or amendments approved pursuant to this permission) shall be displayed at the office on the site and shall be made known to any person(s) given responsibility for the management or control of operations on site.

          Reason: To enable an easy reference and to encourage compliance with the requirements of this permission (so as to ensure the orderly operation and restoration of the site).

      (48) Any skips stored on the land shall be incidental to the landfilling of the site and shall be confined to an area and stored to a height which shall have previously been approved in writing by the Waste Planning Authority.

        Reason: In the interest of visual amenity.

      (49) No composting facility may be developed on the site until details on its siting, design, operation, including pollution control and ancillary development have has been submitted to the Waste Planning Authority and subsequently approved.

          Reason: No details have been submitted for composting and in the interests of local amenity and pollution control.

      (50) The odour suppression scheme approved 9 May 2006 shall be implemented for the duration of the permission.

        Reason: In the interest of local amenity.

      (51) The scheme for the acoustic protection of Blue Haze Kennels , approved 15 June 2000 under Planning Permission No. 00060405M, shall be implemented for the duration of the permission.

        Reason: In the interest of local amenity.

ADVICE NOTES

1. The following legal agreements are attached to this permission:

      (i) Lorry routing agreement restricting the use of Harbridge drove and the B3081 northwards, except for local deliveries.

      (ii) Section 278 Agreement with Hampshire County Council relating to access improvements.

      (iii) Section 278 Agreement with Dorset County Council relating to land acquisition and related road improvements on the B3081 between Bakers Hanging and the A31.

      (iv) Management Agreement for Nature Conservation and the provision of footpaths/access for public recreation.

      (v) Section 106 Agreement relating to off-site heathland within Plumley Wood.

2. A Waste Management Licence and Pollution Prevention and Control Licence is required from the Environment Agency before any development is commenced on site. The issuing of any such Licence is dependent upon a satisfactory Risk Assessment which in this case will need to address the impacts of the development on issues such as groundwater and the adjacent SSSI.

APPENDIX 2

Annexe to Reasons for Conditions

(as required by Article 22 of the Town and Country Planning

(General Procedure) Order 1995 - as amended)

__________________________________________________________________

Hampshire County Structure Plan (Review) 2000

Policy MW2

Permission will be granted for minerals and waste development provided the mineral/waste planning authority is satisfied that:

(i) any adverse environmental or other impacts that the development would be likely to cause are outweighed by a clearly established need for the development; and

(ii) the proposals, where applicable, include a satisfactory scheme of working and landscaping including details of lorry routeing and, in all cases, include satisfactory measures to ensure that the development would not have any unacceptable environmental, traffic or other impact; and

(iii) the proposals, where applicable, provide for the satisfactory and prompt restoration and after-care of the site to a high standard and to a landform compatible with the local landscape and suitable for an agreed beneficial after-use.

Hampshire, Portsmouth and Southampton Minerals and Waste Local Plan (Adopted) 1998

Policy 38

The Waste Planning Authority will permit the disposal of waste by landfilling within the following preferred areas, as shown on the proposals map inset maps:

Area 10 - Blue Haze/Chatsworth Sandpits, Ringwood Forest; and ....

provided that the development proposals meet the specific criteria for the preferred area as set out in the text accompanying the proposals map inset maps.

Hampshire Minerals and Waste Core Strategy

Policy DC8 - Pollution, health, quality of life and amenity

Minerals and waste development will only be permitted if due regard is given to the pollution and amenity impacts on the residents and users of the locality and there is unlikely to be an unacceptable impact on health and/or the quality of life of occupants of nearby dwellings and other sensitive properties. Where necessary minerals and waste developments should include mitigation measures, such as buffer zones between the site and such properties.

Policy DC12 - Restoration and Aftercare

Mineral extraction, landfill and other appropriate developments will not be permitted unless there is satisfactory provision for the restoration of the site, within a reasonable timescale, for an after use consistent with the general planning objectives of the area.

The restoration and after care of sites should seek to meet two or more of the following planning objectives:

a. Improving public access to the countryside, including public access for disabled people and recreation;

b. Use for management of water resources and/or flooding management;

c. The improvement of biodiversity;

d. Use as back-up grazing for the New Forest;

e. Return to agriculture, forestry or other `open' use recreational facilities.

Proposals for mineral extraction and landfill must include provision for at least five years of aftercare following restoration of the site.

Restoration proposals for mineral workings in Aerodrome Safeguarding Zones should take account of the need for progressive working and restoration, to prevent open water bodies becoming bird roosts.

Policy DC13 - Waste Management and Recycling

Waste management developments (excluding landfill) will be permitted provided that the site:

a. Is identified as a site, or within an area suitable for waste management uses, in the Hampshire Waste Management Plan, or

b. Re-uses/redevelops previously developed land and/or redundant agricultural and forestry buildings (including their curtilages), or

c. Is within a planned area of large-scale development, or

d. Is on employment land, preferably co-located with complementary activities, and

e. Has good access to, the minerals and waste lorry route as shown on the Key Diagram, and where possible, the site enables the use of waterborne and rail freight, and

f. In the case of recovery and treatment sites, incoming waste shall be subject to pre-treatment, either on or off site to maximise the potential for recycling, and where technically possible, energy will be generated and used and the by-products, including heat, will be reused or recycled, and

g. In the case of sites providing public access, the site shall be accessible for use by disabled people.